Ramswaroop Vishnoi vs State Of Rajasthan ...
2023 Latest Caselaw 1223 Raj

[2023/RJJD/003654]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1914/2023

1. Ramswaroop Vishnoi S/o Shri Ganga Vishan, Aged About 30 Years, Village And Post Chawandiya Tehsil Khiwasar District Nagaur (Raj.)

2. Mubarik Khan S/o Shri Rajjak Khan, Aged About 33 Years, R/o Village Nagar Ward N. 2 Bharatpur , District Bharatpur (Raj.)

3. Mahendra Kumar Bishnoi S/o Shri Bhagwana Ram, Aged About 31 Years, R/o Village Jetpura Kalan Post Kherwa, Tehsil Degana District Nagaur (Raj.)

4. Arjun Kumawat S/o Shri Chaturbhuj Kumawat, Aged About 31 Years, R/o Village And Post Kareda Bujurg Tehsil Niwai District Tonk (Raj)

5. Dheerap Singh S/o Shri Kaluram, Aged About 35 Years, R/o Village Kamalpura Post Bhulon, Tehsil Chhabra District Baran (Raj.)

6. Kamal Kant Verma S/o Shri Babu Lal Verma, Aged About 32 Years, R/o Plot No. 106 Sunny Nagar Sector 9, Tehsil Sanganer District Jaipur (Raj)

7. Jitendra Singh S/o Shri Nabab Singh, Aged About 29 Years, R/o Village Kheri Devi Singh, Tehsil Nadbai District Bharatpur (Raj.)

8. Prakash Singh S/o Shri Ramsharan, Aged About 29 Years, R/o Village And Post Pasopa, Tehsil Deeg District Bharatpur (Raj.)

9. Ramavtar S/o Shri Mehram, Aged About 30 Years, R/o Village And Post Cheelra, Tehsil Mundwa District Nagaur (Raj)

10. Gajendra Singh S/o Shri Kamal Singh, Aged About 32 Years, R/o Village And Post Bachhamdi Noh, Tehsil And District Bharatpur (Raj.)

11. Bidyaram S/o Shri Virendra Singh, Aged About 28 Years, R/o Village Okhliyapura Post Garhi Bajna Tehsil Bayana District Bharatpur (Raj.)

12. Pratapram S/o Shri Bhanwaruram, Aged About 29 Years, R/o Village Khen Post Inana , Tehsil Mundwa District Nagaur ( Raj.)

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13. Dinesh Singh S/o Shri Mula Ram, Aged About 35 Years, R/o Village And Post Kajnau Kallan Tehsil Bawadi District Jodhpur Raj.)

14. Veer Singh S/o Of Shri Padam Singh, Aged About 30 Years, R/o Village And Post Chirawal Mali Tehsil Nagar District Bharatpur (Raj.)

15. Bachchu Singh S/o Shri Nirbhay Singh, Aged About 35 Years, R/o Village Nagla Chatarsal Post Hatizer Tehsil Weir District Bharatpur (Raj.)

16. Nandlal S/o Shri Ramjilal, Aged About 28 Years, R/o Village Tyohari Post Umren Tehsil Weir District Bharatpur( Raj.)

17. Shambhu Kuri D/o Shri Mali Ram Kuri, Aged About 31 Years, R/o Village Mahgra Post Karad Tehsil Dantaramgarh District Sikar (Raj.)

18. Bhola Ram S/o Atar Singh, Aged About 31 Years, R/o Village And Post Dehra Tehsil Kumher Distt. Bharatpur (Raj.)

19. Gopal S/o Kamal Kishor, Aged About 30 Years, R/o Village And Post Medi Ka Bass Kuchaman City Tehsil Kuchaman City Distt. Nagaur (Raj.)

20. Mithlesh Kumari Meena D/o Shri Babulal Meena, Aged About 30 Years, R/o Village And Post Baharampur Tehsil Kathumar Distt. Alwar (Raj.)

21. Mahendra Kumar Gochar S/o Shri Shambhu Lal Gochar, Aged About 28 Years, R/o B-26 Lajpat Nagar 1St Borkhera Kota Post Nayapura Tehsil Ladpura Distt. Kota (Raj.)

22. Ramnarayan Vishnoi S/o Shri Bharmal Ram Vishnoi, Aged About 30 Years, R/o Village And Post Nausar Tehsil Osian Distt. Jodhpur (Raj.)

23. Ramswaroop Bairwa S/o Shri Jagnnath, Aged About 34 Years, R/o Village And Post Kotra Deep Singh Tehsil Digod Distt. Kota (Raj.)

24. Sandeep Kumar S/o Shri Lal Chand, Aged About 30 Years, R/o Village Khedi Devi Singh Post Nadbai Tehsil Nadbai Distt. Bharatpur (Raj.)

25. Nena Ram S/o Shri Chima Ram, Aged About 31 Years, R/ o Lawera Kallan Tehsil Bawdi Distt. Jodhpur (Raj.)

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26. Kailash S/o Shri Harkaram, Aged About 31 Years, R/o Village Balwa Post Gogelav Thana Sadar Nagaur Tehsil And Distt. Nagaur (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur (Raj.)

2. Director General Of Police, Rajasthan, Jaipur

3. Inspector General Of Police (Kota Range), Kota, (Rajasthan.

4. Superintendent Of Police, Kota Rural, (Raj.)

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia through V.C.

JUSTICE DINESH MEHTA

Order

02/02/2023

1. It is submitted by the counsel for the petitioners that

the issue raised in the present writ petition is covered by the

judgment rendered in the case of Dara Singh v. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.11973/2012)

decided on 17.12.2012.

2. In the case of Dara Singh (supra), a coordinate Bench

of this Court, inter-alia, directed as under :-

"Learned counsel for the petitioner submits that realizing the mistake, appointment has been given, thus, grievance of petitioner to that extent is redressed, but appointment should have been made effective from the date candidates lesser in merit were given appointment with notional benefits.

In view of the prayer made and taking note of the order dated 13.12.2012 whereby petitioner is

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given appointment realizing mistake by the respondents, I consider it proper to direct that aforesaid appointment should be treated from the date when lesser meritorious candidates were given. The petitioner would, accordingly, be entitled to the notional benefits and seniority from the date persons with less merit were given appointment. The actual benefits would be allowed from the date of joining pursuant to the order dated 13.12.2012.

With the aforesaid, writ petition stands disposed of."

3. In view of the submissions made, the writ petition filed

by the petitioners is disposed of with similar directions as given in

the case of Dara Singh (supra).

4. The order has been passed based on the submissions

made in the petition, the respondents would be free to examine

the veracity of the submissions made in the petition and only in

case, the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

5. The stay application also stands disposed of

accordingly.

(DINESH MEHTA),J 220-Mak/-

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